A team of lawyers is now being assembled by Femi Falana (SAN), renowned human rights activist and lawyer to launch a legal onslaught against Ibrahim Babangida, former Military President over illegal detention and rights abuse, some 32 years ago.
Falana, who claimed he was detained by Babangida alongside Gani Fawehenmi, another fiery human rights, who died in 2009 as well as Segun Maiyegun, President of the National Association of Nigerian Students (NANS), for seeking for the revalidation of the June 12, 1993 presidential election, said he was resurrecting the case based on the former military ruler’s latest admittance that Moshood Kashimawo Olawale (MKO), Abiola, actually won the election.
The validation by Babangida through his book, A Journey in Service, unveiled to the public during the launch in Abuja, on Thursday, is an indication that there was no basis for his detention, Falana, a guest on Politics Today, a public affairs programme on Channels Television, told his host.
Giving details of the events, 32 years ago, Falana, who described their detention, prosecution, and trial as deliberate, indicated that the team of lawyers, was currently readying the papers to approach the court, recalling he had to go through a harrowing experience in 1993, after they were arraigned at the Gwagwalada Chief Magistrate Court in the Federal Capital Territory (FCT) for treasonable felony.
Maintain that Babangida’s actions had long-term consequences for Nigeria’s democracy, which required legal redress for the wrongful prosecution, he stated how he was also stripped of his freedom during his detention at Kuje Prison.
Giving details of the incident, he narrated how they eventually regained their freedom after turning the case around by insisting that it was actually Babangida and his men that should have been standing trial for removing a legitimate government through a coup in 1983.
Hear him: “Even though we were asking for bail, we turned our arraignment to the trial of junta. And I recalled on that occasion, Chief Fawehinmi told the judge, Chief Magistrate Mallam Bulama that those who should be standing trial for treason, should be in the dock were in the Villa, led by General Babangida.
“Because they had sacked, they had overthrown a democratically elected government on December 31, 1983. So, those are the people that should be standing trial. And of course, when it came to my turn, I made it clear to the judge, this section of the law, Section 41 of the Criminal Code Act, which provides anybody who forms an intention to remove the president of his country, during his term of office, otherwise than by constitutional means.
“I said, my lord? The man calling himself my president has no fixed term of office. So, I couldn’t have been brought here. Of course, the judge adjourned. Two weeks later, he granted us bail very liberally, N20,000 and one surety in like sum.
“They couldn’t go back to court, so that we don’t turn the thing into a full trial of General Babangida and others. So, it simply ran away. The case was struck out on liberal grounds of N20,000 and one person in like sum.
“I have assembled a team of lawyers. They are looking into it. Because he has now brought it to life by now admitting that there was no basis for my prosecution. Because he now says Abiola won the election, which was the basis of our protests. He is also saying, you know, it shouldn’t have postponed the terminal date of his transition programme.
“Which, again, we are fighting. So, which means there was no basis for our prosecution. It is malicious. Again, massive infringements of our rights, human rights. Because when you keep me in Kuje prison, you deny me my right to liberty, my freedom of movement. You also violate my right to choose the government of my country.
“Point to Article 13 of the African Charter on Human Rights. Because the man who did it has just come out to say, I did it wrongly. Echoing the ruling of the court in Abuja in the case of Femi Falana vs. Republic of Benin and others, the court stated that any violation occurring after three years cannot be pursued in the jurisdiction.
“But later, you know, the improvement of the jurisprudence of the court has now come to the conclusion. I think that was in the case of Federation of Journalists, you know, Gambia and the government of that country that once you are talking of serious abuse of human rights, statute of limitation does not apply.”